Report Title:
Education; Public Charter Schools
Description:
Clarifies that public charter schools are subject to state land use laws and county zoning laws. Makes fund accounts subject to inspection and audit by the board of education.
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THE SENATE |
S.B. NO. |
1646 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 62, Session Laws of Hawaii 1999, enacted the new century charter schools law to provide for the creation of charter schools, provide procedures for their establishment and funding, and clarify the parameters of state and county regulation of charter schools. The concept of new century charter schools is to nurture the ideal of more autonomous and flexible decision-making at the school level. To accomplish this, Act 62 was intended to free charter schools from statutory and regulatory requirements that tend to inhibit or restrict a school's ability to make decisions relating to the provision of educational services to the students attending the school.
One area of controversy regarding regulatory exemptions for charter schools relate to county zoning laws. The legislature attempted to clarify this issue in H.B. No. 2911, C.D. 1, regular session of 2004. The measure provided that charter schools are subject to state land use laws and to county laws, codes, and rules governing land use. The measure also subjected charter schools to audit and inspection by the charter school administrative office. The measure was passed by the legislature, but vetoed by the governor (Governor's Message No. 430) on the basis that "charter schools have had to struggle under laws that are unclear, incomplete, uncoordinated, and sometimes so oblique as to be unreasonable.... [The] bill compounds the unfairness charter schools already suffer by singling charter schools out from all other state agencies and subjecting them to county zoning ordinances which other state agencies need not comply."
The legislature finds that the department of education schools are subject to county zoning ordinances and rules. The intent of H.B. No. 2911 was not to create an exemption from county zoning ordinances but instead to make charter schools comply with zoning ordinances to the same extent required of all other department of education schools. The legislature notes that all other state agencies, including the department of education, are required to comply with county zoning ordinances and rules.
The purpose of this Act is to require charter schools to comply with state land use laws and county zoning laws and be subject to audit by the board of education.
SECTION 2. Section 302B-9, Hawaii Revised Statutes, is amended to read as follows:
"§302B-9 Exemptions from state laws. (a) Charter schools shall be exempt from chapters 91 and 92 and all other state laws in conflict with this chapter, except those regarding:
(1) Collective bargaining under chapter 89; provided that:
(A) The exclusive representatives as defined in chapter 89 and the local school board of the charter school may enter into supplemental agreements that contain cost and noncost items to facilitate decentralized decision-making;
(B) The agreements shall be funded from the current allocation or other sources of revenue received by the charter school; provided that collective bargaining increases for employees shall be allocated by the department of budget and finance to the charter school administrative office for distribution to charter schools; and
(C) These supplemental agreements may differ from the master contracts negotiated with the department;
(2) Discriminatory practices under section 378-2; and
(3) Health and safety requirements.
(b) With regard to land use and zoning laws, charter schools shall be subject, in the same manner as other state departments and agencies without an applicable statutory exemption, to the requirements of chapter 205 and all county ordinances and rules relating to land use, zoning, subdivisions, and building and construction standards and requirements for occupancy.
[(b)] (c) Charter schools and
the office shall be exempt from chapter 103D, but shall develop internal
policies and procedures for the procurement of goods, services, and construction,
consistent with the goals of public accountability and public procurement
practices. Charter schools and the office are encouraged to use the provisions
of chapter 103D where possible; provided that the use of one or more provisions
of chapter 103D shall not constitute a waiver of the exemption from chapter
103D and shall not subject the charter school or the office to any other
provision of chapter 103D. Charter schools and the office shall account for
funds expended for the procurement of goods and services, and this accounting
shall be available to the public[.] and be subject to inspection and
audit by the board to determine whether the schools and the office are in
compliance with the policies and procedures of the office.
[(c)] (d) Any charter school,
prior to the beginning of the school year, may enter into an annual contract
with any department for centralized services to be provided by that department.
[(d)] (e) Notwithstanding any
law to the contrary, as public schools and entities of the State, neither a
charter school nor the office may bring suit against any other entity or agency
of the State."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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